2006-10-22 16:15:40 · 11 answers · asked by ? 3 in Politics & Government ➔ Law & Ethics
If they are given a subpoena and do not show up then yes they can be held in contempt of court but if they are to testify on their own choice and decide not to then no they cannot be.
2006-10-22 16:17:24 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The testimony of the victim is essential in a case of assault so that the offender/s must be charged under the Penal Law.
2006-10-22 16:17:56 · answer #2 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
It is the prosecutor who decides who to charge and who not to. I would imagine that in the case of assult they wouldn't have a very good chance of winning the case if the victim doesn't testify, so they wouldn't press charges.
2006-10-22 18:37:52 · answer #3 · answered by butterfliesbrown 3 · 0⤊ 0⤋
In an assault case if the victim doesn't testify, can they be charged?
In a murder case if the victim doesn't testify, can they be charged?
I have answered your question with a question, not something I like to do but in this case it serves the point. You see, I believe your question is rather ambiguous and not readily answerable in it's present form. I am not sure if you are asking if the alleged perpetrator can be charged (assault)or the alleged victim can be charged (filing false police report). Need more info. to give answer. Sorry.
2006-10-22 16:56:57 · answer #4 · answered by Victory ! 6 · 0⤊ 3⤋
I'm not really sure how each state regards this. I do think, however, that if there is a witness or credible evidence of the assault, the state can press charges if the victim doesn't.
2006-10-22 16:19:53 · answer #5 · answered by Will Try 2 · 1⤊ 0⤋
Yes, they can be charged. Victims no longer need to report the incident nor testify against their attacker. It stems from a law established to help abused spouses.
2006-10-22 16:18:20 · answer #6 · answered by Lynda M ♥ 3 · 0⤊ 0⤋
in AZ the state takes over the case if the victim wont testify so they say but I've yet to see any action be taken toward my offender...just testify... why you want someone hittin on you and gettin away with it??
2006-10-22 16:26:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes, the state can decide to press charges.
2006-10-22 16:21:26 · answer #8 · answered by Shell 3 · 0⤊ 0⤋
depends on all other evidence presented in the case
2006-10-22 16:18:31 · answer #9 · answered by blue_eyed_southernman 4 · 0⤊ 0⤋
No
2006-10-24 06:41:48 · answer #10 · answered by Anonymous · 0⤊ 0⤋